Cap 502 s 5 Owner or occupier may be directed to comply with fire safety measures (Fire Safety (Commercial Premises) Ordinance)

Contents of Section

Chapter:	502	Title:	Fire Safety (Commercial Premises) Ordinance	Gazette Number:	E.R. 1 of 2012
Section:	5	Heading:	Owner or occupier may be directed to comply with fire safety measures	Version Date:	09/02/2012

(1) The relevant enforcement authority may serve on the owner of prescribed commercial premises a fire safety direction directing the owner to comply with all or any of the requirements specified in Schedule 2.
(1A) The relevant enforcement authority may serve on the owner of a specified commercial building a fire safety improvement direction directing the owner to comply with all or any of the requirements specified in Schedule 5 or such other appropriate measures in place of any of those requirements specified in that Schedule. (Added 15 of 1998 s. 6)
(2) The relevant enforcement authority may serve on the occupier of prescribed commercial premises a fire safety direction directing the occupier to comply with all or any of the requirements of Schedule 3.
(2A) The relevant enforcement authority may serve on the occupier of a specified commercial building a fire safety improvement direction directing the occupier to comply with all or any of the requirements of Schedule 6. (Added 15 of 1998 s. 6)
(3) A fire safety direction or fire safety improvement direction must be in writing and must specify the period within which it is to be complied with. That period must be a reasonable one that allows an owner of the premises or building sufficient time to comply with the requirements of the direction.
(4) The relevant enforcement authority may, by similar notice, from time to time amend or withdraw a direction.
(5) A fire safety direction or fire safety improvement direction remains in force until-

(a) it is complied with to the satisfaction of the relevant enforcement authority;

(b) it is withdrawn by that authority; or

(6) A fire safety direction or fire safety improvement direction may be given by both enforcement authorities acting jointly. Such a direction may be amended or withdrawn only by both enforcement authorities acting jointly.
(7) (a) An owner or occupier of prescribed commercial premises who, without reasonable excuse, fails to comply with a fire safety direction is guilty of an offence and is liable on conviction to a fine at level 4 and to a further fine of $2500 for each day or part of a day during which the failure continues after the expiry of the period specified in the direction.

(b) An owner or occupier of a specified commercial building who, without reasonable excuse, fails to comply with a fire safety improvement direction is guilty of an offence and is liable on conviction to a fine at level 4 and to a further fine of $2500 for each day or part of a day during which the failure continues after the expiry of the period specified in the direction. (Added 15 of 1998 s. 6)

(8) The reference in subsection (7)(a) or (b) to reasonable excuse includes, but is not limited to, the excuse that, at the time when the fire safety direction or fire safety improvement direction, as the case may be, was not complied with, it was not reasonable to expect the owner or occupier of the premises or building to comply with the direction-

(a) because of the risk of prejudicially affecting the structural integrity of the building where the premises or building are located; or

(b) because the technology required to comply with the direction is not reasonably available.

(Amended 15 of 1998 s. 6)